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A47876 The lawyer outlaw'd, or, A brief answer to Mr. Hunts defence of the charter with some useful remarks on the Commons proceedings in the last Parliament at Westminster, in a letter to a friend. L'Estrange, Roger, Sir, 1616-1704. 1683 (1683) Wing L1266; ESTC R25476 42,596 42

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generality of the Nation in their repeated Addresses express their dislike to the Proceedings of a prevailing Party in that House all Loyal Subjects I think concern'd in the election of such Members ought to be so just to Themselves and the Publick as to declare their own Integrity and their constant affection to the King that the world may see they are no Abettors of the unwarrantable resolutions of their Representatives who perhaps ran into such unusual extravagancies in hopes to be seconded by their Principals But tho' the occasion be never so extraordinary it must nevertheless be granted for an undeniable Maxim that whatsoever misdemeanors any Members of that Honourable House happen to commit it ought not to reflection the House in general nor yet the errors of the whole House at any time put either Prince or People out of love with that wholsom and excellent Constitution For such is the instability of Mundan affairs that as the Poet said Nihil est ab omni parte beatum there is nothing upon Earth but hath its failings and even the best of Governments has sometimes its own inconveniences Thus Princes are now and then apt to give too much credit to their flattering Favourites and be led for a while by their evil Counsels till time and experience convince them of their error and 't is pla●n the wisest Assembly that ever sate ●n the House of Commons cannot be always free free from the like mistakes but are sometimes mpos'd upon by the plausible pretences of some designing Politicians and cunningly decoy'd in to act contrary to their inclination to their interest and their duty Of this kind we have several remarkable passages in the Intestine-Troubles of Forty-One where a few Factious Members in both Houses insensibly inveigl'd the rest and inflam'd the whole Nation into a general combustion And these four years past can sufficiently furnish us with fresh instances almost of the like nature but that through the great Prudence of our Sovereign and His Most Honourable House of Lords mindful of their Fathers miscarriages all these endeavours prov'd abortive and unsuccessful If we ser●ously consider what measures some persons of greater parts than honesty made use of at that time as well in as out of Parliament we shall find cause enough to admire how people that pretend so much Religion Loyalty so much affection to their King and Countr●y cou'd be wrought upon to run head-long into such extravagant courses so destructive of the Prerogative-Royal and of the Peace and Settlement of the Three Kingdoms The horrid Popish-Plot which has already cost us so many Millions in our Trade and Commerce and I am afraid a great deal more in our Credit and Reputation abroad was made a stalking-horse by the ambitious to attain to their expected Greatness of being chief Ministers if not chief Magistrates of all the K's Dominions And because His Majesty wisely considering it was impossible to make a just and impartial enquiry into that hellish Conspiracy whi●e the people were so far transported with heat and passion which nothing but time cou'd cure and withal discovering what use some designing Demagogues intended to make of this Plot against the Monarchy thought it convenient or rather necessary sometimes to Prorogue sometimes to Dissolve his Parliament and call another in hopes to meet with one of a better temper and more moderation Our cunning Machiavellians took hold of this opportunity to enflame the unthinking multitude and make them believe their All was betray'd without a speedy Parliament to enquire into the Popish-Plot and redress the Grievances of the Nation and therefore they clamour'd it was absolutely necessary they shou'd all joyn in a Petition to His Majesty for that purpose whereby they were sure either to gain their point and get the Parliament to sit which they might model and influence as they pleas'd or at least know the strength of their party by the number of Subscribers and lessen His Majesty's credit in the hearts of his People To this end Agents are sent about and the Petition is sign'd by many Legions of the Goaly Party None so forward to subscribe this Petition to the Son as they who petition'd for Justice aga●nst the Father There you might see Presbyterians Independents Quakers Brownists and Anabaptists all in a string to petition His Majesty for a speedy Parliament A mysterious Riddle to all sober and understanding men that Fanaticks who always but in Forty-One dreaded the face of that August Assembly shou'd now be more zealous for their sitting than the True-Protestants of the Church of England It was certainly an Omen that cou'd portend no good either to Church or State and therefore as the King had reason to mistrust there lay a Snake in the Grass the Brethrens zealous petitioning to that purpose did rather hinder than forward their meeting At last when it could not be thought the effect of the Fanaticks importunity but of His Majesty's grace and goodness the Parliament met on the 23 of Octob 1680 and the King having solemnly renew'd them His former promises of complying with any thing they cou'd in reason propose desir'd them to wave all unseasonable disputes and hasten to settle the affairs of the Nation and bring their meeting to a happy conclusion The People were generally big with expectation to see the issue of this famous Session and doubted not but all their jealousies and distractions wou'd now be fully removed the Three Nations settl'd and compos'd and the Popish Plot speedily shifted to the bottom Parturiunt montes They sate almost for three entire months without any lett or interruption and what have they done all this while towards the effecting these weighty matters that lay before them what great progress have they made towards the suppressing of Popery or putting a period to that hellish Conspiracy They spent nine or ten days about my Lord Stafford's Tryal and when all expected the other Lords shou'd immediately follow our charitable Patriots tender it seems of shedding more Popish-Blood sate down to breath themselves and not a word more of the Papists to the end of the Chapter The truth is the Leading-Members that govern'd all in the House of Commons had other fish to fry They were ferreting out Papists in Masquerade or half-reform'd Protestants now thought more dangerous than the profess'd Romanists A Reformation they intended both in Church and State and God knows where it shou'd have ended It was enough they fix'd the Popish-Plot by the conviction of my Lord Stafford but it seems it was their interest to keep it on foot for other purposes perhaps in imitation of the wise Romans who thought it impolitick to demolish their great Rival Carthage which while standing might serve to keep them from idleness and exercise their Valour The Papists therefore must have a time to breath and the Fanaticks are the great favourites of the House while known Protestants of the Church of England under the
Church-Papists In short they contriv'd so many shams and silly stories as made the very truth questionable and when they saw the English Plot was not like to embroil the Nation they invited a number of profligate wretches out of Ireland gave them Cloaths and Money in abundance and took so much pains to set up these unmanageable Tools that in fine they dash'd both Plots to pieces one against the other Are we not then beholding to our true-blew-Protestants after all these fine exploits for their abhorrence against Popery and the Plot and to Mr Hunt for his zealous vindication of their Proceedings He was formerly suspected to be a man of no Religion but now like a generous Soul he owns his Party in their greatest distress and openly declares against the Church of England as Betrayers of God's Cause and the Peoples Liberties Some of little understanding among you saith he that thus behave your selves are excusable as misguided by some of your Ministers who are in good earnest begging Preferments Dignities and Benefices for themselves by offering and betraying our Church to a voluntary Martyrdom p. 12. I need not comment upon this scurrilous Reflection 't is enough to say 't is the product of Mr. Hunt's own Brains who according to his Fee tho' against his conscience spoke for his Clyents for Lawyers he tells us and who more fit to know have Opinions to sell at any time tho' they have not the least colour of Reason to support them p. 19. If this Confounder both of Law and Gospel be thus for fouling his own Nest we need not wonder at his frequent snarlings at the Loyal and Christian Resolutions of our Reverend Clergy or expect better usage from a man that openly sides with the Enemies of our Church I come now to his second point which is so wild and so extravagant a paradox as deserves rather to be laugh'd at by men of sense than to be answer'd or confuted since besides several that have done it within these two years past there are not many Corporations in England whose Charters have not been surrendred by their Common-Council without so much as consulting their Common-halls and yet were never question'd for it as Betrayers of their Trust or of the Liberties of the People But he drives home the Nail in his 3d. assertion where he says that the Sherivalties of London and Middlesex or the right of choosing their Sheriffs the main point now in dispute and what most concerns the King after our late experience to have in His own disposal cannot be parted with without an Act of Parliament tho' with the consent of every individual Citizen But sure the Gentleman is not in earnest for I hope he will allow us that tho' alone they cannot yet with the consent and approbation of the Common-hall or of every Citizen the Common-Council may surrender the Charter who then the Charter being thus surrendred has the power of choosing the Sheriffs when the Corporation the City and the County is dissolv'd neither Mayor nor Alderman Citizen nor Free man to found The Inhabitants in general cannot choose them for they have no right now to do it neither do they receive any new power by the surrender of the Charter and yet the Free-men cannot when there is no such thing in being no more in London than in Westminster or any other Dissolv'd Corporation But to be short in a Case so plain since the Gentleman requires an Act of Parliament for displacing the Citizens Right of choosing their Sheriffs here is One ready to his hand for taking away upon their neglect or misgovernment all their Franchises and Liberties and consequently this power of electing their own Officers and Magistrates an Act found by the prudence of our Ancestors so necessary for to maintain the publick Peace and keep that over-grown City within the bounds of duty that Henry IV. tho' he sought occasions to ingratiate himself with the People of London the better to secure his Usurpation yet cou'd not be wrought upon by their intreaties to have any material part of it alter'd much less annull'd or repeal'd The Act take as followeth 280 Edwardi 3 i. cap. 10 o. BEcause that the Errors Defaults and Misprisions which be notoriously used in the City of London for default of good Governance of the Mayor of the Sheriffs and the Aldermen cannot be enquired nor found by people of the same City it is ordained and established That the said Mayor Sheriffs and Aldermen which have the Governance of the same City shall cause to be redressed and correated the Defaults Errors and Misprisions above-named and the same duly punish from time to time upon a certain pain that is to say at the first Default a Thousand Marks to the King and at the second Default two Thousand Marks and at the third default that the Franchise and Liberty of the City be taken into the King's hand And be it begun to enquire upon them at St. Michael next coming so that if they do not cause to be made due redress as afore is said it shall be enquired of their Defaults by Enquests of people of Foreign Counties that is to say of Kent Essex Sussex Hertford Buckingham and Berk as well at the King's Suit as others that will complain And if the Mayor Sheriffs and Aldermen be by such Enquests thereto assigned Indiaed they shall be caused to come by due Process before the King's Justices which shall be to the same assigned out of the said City before whom they shall have their Answer as well to the King as to the Party And if they put them in Enquests such Enquests shall be taken by Foreign People as afore is said And if they be Attainsed the said pain shall incurr and be levied of the said Mayor Sheriffs and Aldermen for default of their Governance And nevertheless the Plaintiffs shall recover the treble Damages against the said Mayor Sheriffs and Aldermen And because that the Sheriffs of London be Parties to this business the Constable of the Tower or his Lieutenant shall serve in the place of the Sheriffs to receive the Writs as well Originals of the Chancery as Judicials under the Seal of the Justices to do thereof execution in the said City And Process shall be made by Attachment and Distress and by Exigent if need be so that at the King's Suit the Exigent shall be awarded after the first Capias returned and at the third Capias returned at the Suit of the Party And if the Mayor Sheriffs and Aldermen have Lands or Tenements out of the City Process shall be made against them by Attachments and Distresses in the same Counties where the Lands or Tenements be And that every of the said Mayors Sheriffs and Aldermen which do appear before the said Justices shall answer particularly for himself as well at the peril of other which be absent as of himself And this Ordinance shall be holden firm and stable notwithstanding any manner